Advocates:
['A K BAJPAI', '', 'R P GARG', 'AMITABH BHATNAGAR', 'AK SHARMA']

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S.B. Civil Writ Petition No.2073/2000

M/s Aravali Cylinders Pvt. Ltd. Vs. State of

Raj. & Ors.

19.02.2007

Hon'ble Mr. Justice Mohammad Rafiq

Mr. A.K. Bajpai for petitioner.

Mr. A.K. Sharma for respondents

Heard learned counsel for the

parties.

The petitioner in this case has

prayed for a mandamus directing the

respondents to grant him incentive /

rebate at the rate of 20% of the

development

charges

together

with

interest at the rate of 24% per annum on

the date it became entitled to such

incentive / rebate. Shri A.K. Bajpai, the

learned counsel for the petitioner

contends that the lease deed was executed

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in favour of the petitioner by the

respondent RIICO on 9.11.1982 and

therefore according to their Circular

dated 6.3.1981, it was entitled to a

rebate of 20% of the development charges

because the company started production

within the period of two years from the

date of allotment. Such amount was liable

to be refunded to the petitioner after

two years. The petitioner was entitled to

total incentive of Rs.1,02,010/- as the

total area of the land allotted to it was

20000 sq. mtrs on which it raised